"Housing construction and municipal infrastructure construction bidding management" on May 31, 2001 by the Department of the forty-third executive session to discuss the adoption, is released, since come into force upon promulgation.

Minister Yu Zhengsheng
June 1, 2001


Housing construction and municipal infrastructure construction bidding management

Chapter I General Provisions

The first to standardize the construction of housing and municipal infrastructure construction projects bidding, bidding to safeguard the legitimate rights and interests of the parties, based on the "People's Republic of China Construction Law" and "Tendering People's Republic of China" and other laws and administrative regulations, the development of this approach .

The second article in the People's Republic of China engaged in the construction of housing and municipal infrastructure construction projects bidding, implementation of housing and municipal infrastructure construction bidding activities in the supervision and management, application of this approach.

The term housing construction, refers to all types of housing and ancillary facilities and their ancillary lines, pipelines, equipment and the installation of indoor and outdoor decoration.

The term of municipal infrastructure projects, is the city roads, public transport, water supply, drainage, gas, heat, landscape, sanitation, sewage treatment, garbage disposal, flood control, public facilities on the ground floor and ancillary facilities construction, pipeline, Equipment installation.

The third housing and municipal infrastructure construction projects (the project) construction of individual contracts in the estimated price of more than 2,000,000 yuan, or projects with a total investment of 30,000,000 yuan more than in the need to tender.

Provinces, autonomous regions and municipalities directly under the Central People's Government in building administrative departments at the same level people's government for approval, according to the actual situation in the region must be provided for construction tender to the specific scope and scale of standards, but not this narrow approach to determine the need for the construction tender .

Article IV of the State Council administrative department in charge of building the country responsible for the construction bidding activities in the supervision and management.

The building of the local people's governments at or above the county administrative departments in charge of administrative regions bidding construction supervision and management activities. Specific supervision and management work can be commissioned works bidding Regulatory agencies responsible for the implementation.

Article V of any unit or individual shall not be in violation of laws and administrative regulations to limit or exclude region, outside of the system of legal persons and other organizations to participate in the tender shall not in any way interfere with the illegal construction bidding activities.

Construction in Article VI of the bidding parties and their activities should be supervised in accordance with the law.

The building of the administrative department in charge of construction in accordance with the law on supervision of the implementation of bidding activity, investigate and deal with construction bidding activities in breach of the law.


Chapter II tender


Article VII of the construction tenders were invited by the organization in accordance with the law. Tender shall not unreasonable to exclude or limit the conditions for potential bidders not to the potential bidders to implement discriminatory treatment may not be potential bidders with bidding the project does not actually require the high level of quality and other requirements.

Article VIII of the construction tender should meet the following requirements:

(A) in accordance with relevant state regulations need to carry out the project examination and approval procedures, the examination and approval procedures have been fulfilled;
(B) The current sources of funds, or funds have already been implemented;
(C) to meet the needs of the construction tender documents and other technical design information;
(D) of the laws, regulations, rules and regulations of other conditions.

Article 9 of the construction tender is divided into open tender invitation and tender.

Must be carried out in accordance with the law the tender of construction projects, the use of all state-owned investment funds or state-owned investment funds accounted for or holding a dominant position, it should be through open tender, but by the State Development Planning Commission, or provinces, autonomous regions and municipalities directly under the Central People's Government in accordance with the law approved by the invitation to tender for the construction of key With the exception of the project; other projects can be invited to tender.

Article X of the works of one of the following situations, the local people's governments at or above the county building department in charge of administrative approval, can not carry out the construction tender:

(A) stop or defers to resume construction of the unit, and the contractor did not change;
(B) their own self-built construction enterprises, construction companies and the level of quality in line with the requirements of the project;
(C) additional in-progress projects or small subsidiary of the main layer increases, and the contractor did not change;
(D) laws, rules, regulations and in other cases.

Article 11 must be in accordance with the law the tender of construction projects, were invited to tender for the construction, should be the preparation of tender documents and evaluation of the organization:

(A) specialized in the construction tender organizations;
(B) works with the size, complexity and adapt with the same construction tender, construction tender familiar with the laws and regulations, engineering, project management and budget over the professionals.
Does not have the above-mentioned conditions, the tender should be entrusted with the appropriate qualifications, the tendering agency, the construction tender agent.

Article XII of the tender on its own people for the construction of the tender should be published in the tender notice or to issue invitations to bid on the 5th of the works of local people's governments at or above the county seat of the administrative department in charge of construction for the record, and submit the following information:

(A) in accordance with relevant regulations of the state examination and approval procedures for the approval of the document;
(B) of this approach to the conditions set out in Article 11 of the evidence, including professional and technical personnel of the list of title certificate or certificate of practice and work experience to prove the material;
(C) laws, rules, regulations and other materials.

People do not have the self-tender for the construction tender conditions, construction administrative departments should be receiving material for the record 5 days from the date of order to stop the tender for the construction tender on its own.

Article XIII to use all the funds of state-owned or state-owned investment funds or investment accounts for holding the leading position, according to the law must tender the construction project should be carried out into the physical construction market bidding activity.

Government authorities can concentrate on the construction market in the physical processing, and oversee the implementation of the law.

Article XIV in accordance with the law must open bidding for construction projects should be designated at the national or local newspapers, information networks or other media published a tender notice and at the same time, Chinese construction projects and the tender notice published on-line information.

Tender Notice shall set forth the tender's name and address of the tenders to be awarded the nature, scale, location and access to the solicitation documents and so on.

Article XV of people using the tender invitation of tender, 3 to be in line with the above conditions for qualification of construction enterprises to issue invitations to bid.

The invitation to tender should be set out in paragraph 2 of Article XIV of the way provisions.

Article XVI invited tenders to be awarded according to people's needs for pre-qualification tender for the applicant, can also be commissioned on the tendering procedures for agencies to carry out pre-qualification tender applicants. The implementation of the pre-qualification tender, the tender should be in the tender notice or invitation to tender set out the conditions for pre-qualification and access to pre-qualification documents.

Pre-qualification documents should include a general pre-qualification application form, guidance notes, as well as the applicant needs bidding companies to provide quality, performance, technology and equipment, financial situation and to be sent by the project manager and curriculum vitae of the principal technical staff, such as proof of performance materials .

17th pre-qualification, as amended, the tender should be qualified to the pre-qualification tender pre-qualification of the applicants qualified to issue a notice of tender documents to obtain informed of the timing, location and method, and at the same time to the pre-qualification of bidders failed to inform the applicants qualified The results of the pre-trial.

In the pre-qualification of bidders qualified applicants too, people can choose from the tender of not less than 7 pre-qualification of bidders qualified applicants.

18th person should be invited tenders to be awarded in accordance with the characteristics and needs of their own or entrust the tendering procedures for the preparation of tender documents agencies. Tender documents should include the following:

(A) tender notes, including the overview of the project, the scope of the bidding, qualification, sources of funding or project implementation (including the bank's capital to prove), the division of tenders, construction requirements, quality standards and on-site Q & A spot survey, tender documents Prepared to submit, modify, to withdraw the request, the tender offer requirements of the tender validity period, the opening of the time and place, evaluation methods and standards;
(B) tenders to be awarded the technical requirements and design documents;
(C) the use of Quantities of the tender, should be provided Quantities;
(D) of the tender form letter and the appendix;
(E) to be the main provisions of the contract;
(F) require bidders to submit additional material.

The 19th article to be carried out in accordance with the law the tender of construction projects, bidding in the tender documents should be issued at the same time, the tender documents will be reported to the location of the project's building of the local people's governments at or above the county administrative departments for the record. The building of the administrative department in charge of the tender documents found in violation of laws and regulations of the content, people should be ordered to correct tender.

Article 20 has issued a tender on the tender documents necessary to clarify or amend, in the tender documents should be submitted tender documents for at least the cut-off time on the 15th, written notice of all the tender documents were received and reported to work at the same time the seat of the county Local people's governments at and above the building of the administrative department in charge of the record. To clarify or modify the content as an integral part of the tender documents.

Article XXI of people with tender bid should be based on the state of engineering calculation rules stipulated in the tender documents and valuation methods and preparation of the bid requirements, and before the opening of confidentiality. A project can only prepare a tender bid.

Twenty people be bidding for the tender document issued by the fee could be nominal fee. One of the design documents, the tender may deposit fee. The opening will be designed to return the documents, the tender deposit should be returned.


Chapter III of the tender


Construction of the 23rd article of the tender bidders in response to the construction tender to participate in competitive bidding in the construction business.

Bidders should have appropriate qualifications in the construction business, and engineering performance, technical capabilities, project manager qualifications, financial situation, and so on to meet the requirements of tender documents.

The 24th article of the bidders of tender documents are needed to clarify the question should be in writing to tender were put forward.

25th bidder should be in accordance with the requirements of the preparation of tender documents, tender documents for the tender documents put forward by the substantive requirements and conditions to respond.

Tender documents to allow bidders to provide the subject of options, bidders can request the tender documents submitted to the alternatives and pursue appropriate options for the standard offer.

Article 26th tender documents should include the following:

(A) tender letter;
(B) construction or design of the construction program;
(C) of the tender offer;
(D) request for tender documents and other materials.

Tender may be the 27th person in the tender documents require bidders to submit a bid security. Tender bids can be secured bonds or bond tender. Tender margin can use checks, money orders, such as banks, generally no more than 2% of the total bid, to a maximum more than 500,000 yuan.

Bidder should be in accordance with the requirements of the tender documents of the way and the amount of bonds to tender or bid bond with the tender documents were submitted to the tender.

The 28th article bidder in the tender documents should be submitted tender documents before the deadline, the tender documents will be sealed tender service locations. Tender were received Tender documents should be issued to bidders indicate the time of receipt and signed certificate, and proper preservation of the tender documents. In pre-opening and no unit or individual shall not open the tender documents. In the tender documents submitted tender documents after the deadline for service of the tender documents for the tender document is invalid, the tender should be rejected.

The tender documents submitted by bidders is less than 3 months, according to the law the tender should be re-tendered.

The 29th article bidder in the tender document submitted tender documents before the deadline, you can add, modify or withdraw the tender document has been submitted. Add, modify the contents of tender documents for the part and should be in accordance with this approach to the 28th Article of service provision, and sign for custody. In the tender documents submitted tender documents after the deadline served to add or modify the content null and void.

The 30th article of two or more construction companies to form a consortium, signed a joint bidding agreement with a bidder in his capacity as co-tender. Commonwealth parties should have to bear a corresponding bidding of the project quality conditions. The same professional construction companies comprising the Commonwealth, according to the quality of low-level construction business to the extent permitted by contract works.

Tender shall not mandatory tender-member consortium bidding jointly, shall not be restricted competition among bidders.

Article 31 of each other bidders may not bid-rigging, not to crowd out other bidders a level playing field, damage to tender or other legitimate rights and interests of the bidders.

Bidders who may not tender and bid-rigging, damage to national interests, public interests or the legitimate rights and interests of others.

Prohibition of bidders to tender to the bid evaluation committee or a member of the successful bidder to seek a means of bribery.

Thirty-second bidder shall not be less than the cost of their business offer bid, the name of another person shall not tender or otherwise false, fraudulent successful.


Chapter IV of the bid opening, bid evaluation and successful


Thirty-third should be opening in the tender documents submitted to the deadline for the tender documents at the same time open to the public; place of opening the tender documents should be pre-determined locations.

The 34th article by opening the auspices of the tender were invited to tender for all participants. The opening of tenders should be carried out in accordance with the following provisions:

By the bidders or their elected representatives inspect the sealed tender documents, can also be tender by the people entrusted to the notary and notary public inspection agencies. It was confirmed as correct, by the staff of publicly opened, read out the name of the bidder, the tender price of the tender documents and other major content.

Bidding in the tender documents submitted tender documents before the deadline for receipt of all the tender documents, opening hours should be publicly opened and read.

The process of opening should be recorded and archived for future reference.

35th in the opening article, the tender document, one of the following conditions should be invalid as tender documents, evaluation allowed to enter:

(A) Tender documents are not in accordance with the requirements of the tender documents to be sealed;
(B) of the tender document did not stamp the letter tender bidders businesses and corporate seal of the legal representative, agent or legal representative of the corporate legal, valid power of attorney (original) and representations of the seal;
(C) of the key elements of the tender document writing vague and can not be recognizable;
(D) of the bidders are not in accordance with the requirements of the tender documents to provide guarantees or bid bond tender;
(E) of the composition of the consortium's bid, tender documents are not attached to the tender of the Commonwealth of common agreement.

Be the 36th person in accordance with the law the tender evaluation by the formation of the Evaluation Committee.

Must be carried out in accordance with the law the tender of construction projects, the tender evaluation by the Committee on behalf of the people and the technical and economic experts, the number of members of 5 or more odd, tender, tender agency other than the technical, economic, etc. Experts should not be less than two-thirds of the total number of members of the. Members of the evaluation committee of experts should be invited by the people from the administrative department in charge of construction and other relevant government departments to determine the roster or the tendering procedures for agency-related bank expert professional experts to determine the list. Experts identified the members of the general should be taken randomly.

With the interested bidders were allowed to enter the relevant project evaluation committee. A list of members of the evaluation committee in determining the successful outcome of the former should be kept confidential.

The building of the 37th article of the administrative department in charge of a roster of experts should have a certain amount of scale and meet the statutory qualifications of the experts. Provinces, autonomous regions and municipalities directly under the Central People's Government, the building of the administrative department in charge of a small number of experts could be regional register of experts to the roster of experts to implement the merger or computer network.

Construction administrative departments should be on the roster of experts into the organization of legal experts and business training, evaluation of their ability to conduct fair and honest and comprehensive assessment of the cancellation in a timely manner or incompetent violation of laws and regulations and qualified personnel evaluation. The cancellation of evaluation and qualified personnel can not participate in any re-evaluation activities.

The 38th article of the Committee evaluation in accordance with the tender documents should be determined by the evaluation criteria and methods of tender documents for review and comparison and evaluation to confirm the results of the signature; with the bid, should reference bottom.

The 39th article of the Committee evaluation can be requested in writing to the bidders in the tender documents are ambiguous elements necessary to clarify or description. Bidder should be in writing or to clarify that his or clarification that may not exceed the scope of the tender documents or change the substance of the tender documents.

The 40th article of the Committee evaluation by the assessment that all tender documents are not in line with the requirements of the tender documents, it can reject all bids.

In accordance with the law must be carried out construction works tender was rejected by all of tendering, bidding should be re-tendered in accordance with the law.

Article 41 of the evaluation can be integrated assessment of the law, the assessment of the lowest bid or the law of laws and regulations to allow other methods of evaluation.

A comprehensive assessment of the law, it should be on the tender documents put forward by the engineering quality of the construction period, the tender price, design or construction of the implementation plan, tender and project manager of performance and so on, the maximum stipulated in the tender documents to meet all the requirements And evaluation standards, assessment and comparison. In order to score an assessment of the way, for a variety of assessments should not award extra points.

Accreditation by the use of the lowest bid law, in the tender documents should be able to meet the substantive requirements of the tender documents of the bidders, the evaluation of the tender price of the lowest bidder, but the tender price lower than their cost of doing business with the exception of.

Article forty-evaluation committee after the completion of the evaluation should be made in writing to the tender evaluation report on the evaluation committee of the tender documents to be evaluated and compared, and in accordance with the provisions of the tender documents of the evaluation method, recommended no more than 3 there is sort of qualified candidates winning. Tender Evaluation Committee under the written report of the evaluation and recommendation of the successful candidates to determine who the successful bidder.

The use of state-owned investment funds or financing national projects, the successful tender should be in accordance with the sort of candidate who determine the winning bid. When they are confident that the successful candidate to give up the successful tender as a result of force majeure or that it was not possible to fulfill the contract, the tender may then determine the other successful candidates for successful people.

Can authorize the tender evaluation committee who directly determine the winning bid.

Article forty-one of the following cases, the evaluation committee can ask the bidders to make written statements and provide related materials:

(A) with the bid, the tender offer bid lower than the reasonable range;
(B) not bid for the tender offer was significantly lower than other bids, there may be less than the cost of doing business.

Evaluation by the Commission argues that the bidder's offer less than the cost of doing business and can not be recommended as the successful candidate or successful people.

Be the 44th person bidding in the tender should be valid until the time limit by 30 to determine who the successful bidder. Tender will be set out in the tender documents.

The 45th article to be carried out in accordance with the law the tender of construction projects, the tender should be determined from the successful bidder within 15 days, the location of the project to the local people's governments at or above the county level administrative departments in charge of building construction bidding submit written reports. Written report should include the following:

(A) the basic construction bidding, including the scope of the construction tender, construction tender, qualification, the evaluation process and determine the winning bid and the way people reason, and so on.
(B) the relevant documentation, including a tender notice or invitation to tender, tender application forms at the pre-qualification documents, tender documents, evaluation of the evaluation committee report (with the bid, the bid should be attached), the successful bidder's tender documents . Works commissioned by the tender agent, should also be attached to the project bidding agents commissioned the construction contract.

The second in the preceding paragraph of this approach in accordance with the provisions of the filing of documents, to submit not going to repeat.

The 46th article of building administrative department in charge of receiving the written report of 5 days from the date of the tender notice in the bidding activities are illegal, can tender to the successful tender notices were issued, and the successful outcome of all outstanding The successful bidder.

47th article and the successful tender should be successful since the issuance of the notice within 30 days, in accordance with the successful tender documents and tender documents were entered into a written contract; tender and the successful bidder, it may not be deviated from the contract entered into the substance of the other Agreement. Enter into a written contract within 7 days after the successful tenderer should send the contract will be at or above the county seat of the works of construction of the administrative department in charge of the record.

The successful tender and do not enter into contracts, tender non-refundable deposit and cancellation of one standard qualifications to the tender were caused by a loss of more than the amount of the bid bond, should be more than part of the compensation; did not submit the bid bond should be tender to the people The loss of liability.

Tender without just cause people do not enter into a contract with the successful bidder, causing damage to the successful bidder, the tender should be paid.

The 48th article of tender documents require that the selected bidders to submit a performance bond, the successful tenderer should be submitted. At the same time, people should be tender to the successful project to provide payment guarantees.


Chapter penalties


There are in violation of the 49th article of "Tendering" acts, the building of the local people's governments at or above the county administrative departments shall, in accordance with the "Tendering" for penalties.

Article 50th bidding activities "Tendering" provisions of winning the case null and void by the local people's governments at or above the county level administrative departments in charge of building the successful bidder announced invalid, and ordered the organization to re-tender, in accordance with the law and to hold accountable those responsible responsibility.

Article 51 should not tender bidding, it should not open tender bidding, the building of the local people's governments at or above the county administrative departments should be ordered to correct their errors, and those who refuse to do, may not issue construction permits.

Be the 52nd person does not have the self-tender for the construction tender conditions of the tender on its own, the building of the local people's governments at or above the county administrative departments should be ordered to correct their errors, the Office 10,000 yuan fine.

The 53rd article of the composition of the Evaluation Committee is not in line with laws and regulations, local people's governments at or above the county building department in charge of the executive order should be tender evaluation committee to re-organization. Those who refuse to do the bidding of people, shall not be issued construction permits.

The 54th article did not tender to the building of the administrative department in charge of the construction bidding to submit a written report of the situation, local people's governments at or above the county building department in charge of the executive should be ordered to correct their errors; in the construction bidding did not submit a written report on the case before the administrative department in charge of building Construction permits are not issued.


Chapter VI Supplementary Provisions


The 55th article of professional engineering sub-contractors, sub-contracting services using the tender, in the light of the implementation of this approach.

The 56th article of tender documents or the use of tender documents for more than two languages, Chinese is a must; such as the different interpretation of the text of the objection occurred to the Chinese version shall prevail. That the amount of text and figures to show that the amount of inconsistency, said that the amount of text in order to prevail.

The 57th article relating to national security, state secrets, or of the use of disaster relief funds to implement food-for-work, the need for the use of migrant workers, and other special circumstances, will not be suitable for the construction tender of the project, in accordance with relevant regulations of the state can not carry out the construction tender.

The use of the 58th article of international organizations or foreign government loans, financial assistance for the construction project bidding, lenders, to provide funds for specific bidding requirements and procedures have different requirements, the application of its provisions can be, but contrary to the People's Republic of China With the exception of public interests.

The 59th article of the building by the State Council administrative department in charge of interpretation.

60th These measures come into force upon promulgation. December 1992 30 issued by the Ministry of Construction "project construction bidding management" (Ministry of Construction Order No. 23) abolished at the same time.